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Dismissal from service

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Publication date: 14.08.2024

On May 18, the mobilization law entered into force, which made significant changes to the Law "On Military Duty and Military Service". One of the key innovations is the revised Article 26 on dismissal from military service. Now, in order to be exempted, a serviceman must not only have family members with a disability group, but also confirm that he provides constant care for such a person. The new rules also apply to families where both members are contract servicemen whose terms expire during martial law. The changes also affected conscripts with parents of the II disability group, who previously had the right to deferment, and now may lose it. In this article, we will consider significant changes related to the grounds for the release of servicemen and deferrals of conscripts.

Changes in the conditions of dismissal from military service due to the disability of relatives

Changes in the law on military service significantly complicated the procedure for releasing servicemen from military service due to the disability of relatives. Now, in order to receive an exemption, it is necessary not only to have a relative with a disability of group I or II, but also to demonstrate the actual continuous care of this person. 

This is a significant limitation of exemption possibilities, as not every person with a disability needs constant care. Thus, the discharge process may become more complex and require additional evidence and administrative procedures from military personnel.

Continuous care with special requirements

Also, the possibility of release exists for those whose close relatives (husband, wife, son, daughter, father, mother or biological (full-blood) brother or sister) died or went missing during direct participation in an anti-terrorist operation, measures to ensure national security and defense , repelling and deterring the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, as well as during the provision of national security and defense, repelling and deterring armed aggression against Ukraine during martial law. Also included are persons, close relatives (husband, wife, son, daughter, father, mother, native (full-blood) brother or sister) who were posthumously awarded the title of Hero of Ukraine.

Legal opinion

Obtaining a discharge from service is a complex legal process that requires competent legal opinion. A military law consultation with a military attorney is critical to understanding all aspects of this process. Legal service The consultant provides the necessary support and advice on obtaining dismissal from service, taking into account all legal aspects.

The role of attorneys in cases of obtaining dismissal from service

In discharge cases, attorneys play an important role in providing professional legal representation and support to military personnel and their families. They provide legal expertise on dismissal procedures, advise clients on required documentation and details of the process, and prepare necessary documents. Lawyers represent the interests of servicemen in court cases and before military commissions, ensure the protection of their rights and interests, conduct expert case analysis and develop defense strategies to achieve a successful outcome.

Conclusion

On May 18, the mobilization law entered into force, which significantly changed the conditions for dismissal from military service due to the disability of relatives. Now, in order to receive exemption, it is necessary not only to have a relative with a disability of group I or II, but also to confirm the constant care of this person. This greatly complicates the discharge process, requiring competent legal assistance to collect the necessary documents, analyze legal aspects and protect the rights of servicemen and their families before military commissions or in court proceedings. Military lawyer online,legal advice during war, military lawyer Kyiv, legal aid during war, discharge from the Armed Forces, military lawyer.

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